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THE SmiATION IN lOllISMA. 



THE LE(iISLATiTRE 8 REPLY 

TO 

KELLOGG'S PRONUNCIAMENTO. 

TO THE FRIENDS OP CONSTITUTIONAL LIBERTY ^^ 
THROUGHOUT THE UNION : 



A lengthy document, anonymously 
addreased, lias lately appeared, purport- 
ing to come from the usurping Governor 
of this State, and is so well calculated 
to deceive and mislead the minds of our 
fellow-citizens beyond the limits of this 
Commonwealth, by its prevarications, 
misrepresentations, and suppressions of 
the true condition of attairs in the State 
of Louisiana, that we feel it incumbent 
onus, as representatives ;of the people, 
not to allow the numerous er- 
rors and misstatements therein con- 
tained to pass uncorrected and un- 
contradicted. To our own people, the 
details of the political condition of the 
State are so well known, as to need 
neither explanation nor comment at our 
hands. In examining the address, we 
tind at every line much to contradict, 
much to denounce, nothiusc to applaud. 
Eepelling with indignation the asser- 
tion therein contained that the people 
of this State formed any combina- 
tion or coalition during the last 
canvass on any other basis or 
for any other purpose than to elect to 
the offlees of the commonwealth honest, 
capable and deserving citizens Uy a fair 
ballot and correct return of the votes 
cast, we claim that we accomplished our 



purpose fairly and honorably, as evi- 
denced by the official returns, and estab- 
lished beyond a reasonable doubt by the 
report of the committee of the United 
States Senate. As the legally elected 
General Assembly of the State, Ave 
were exceedingly loath last January 
to entertain under these circumstances 
any propositions coming from a cabal 
usurping the Government under the 
protection of the bayonets of the United 
States Army, demanding a recognition 
of its legality, and attempting a dicta- 
tion in the composition of a General 
Assembly. It is not true that the three 
parties forming the conservative coali- 
tion had agreed to accede to the dicta- 
tion of one in pledging during the cam- 
paign their united support to Gov. War- 
moth for the United States SenatorsUip; 
but, on the contrary, he had openly 
stated that he required and expected no 
such pledge at their hands. 

Far different was his conductthen from 
that of the usurper who seemed in the 
demands now made of the legally elected 
representatives of the people to be 
superciliously arrogant, and to possess 
the most unblushing effrontery. Hold- 
ing the welfare of the State, however, to 
be the paramount law to its rspreaenta. 






tives ia the discliarge of their duty to 
the State, the General Assembly, consid- 
ering well the circumstances by -which 
it was. surrounded, and weighing well 
the immense inlliience and power of the 
Federal Administration arrayed against 
it, gave to those propositions patient, 
careful, and oft repeated cousidera- 
tion. After a deliberate survey of the 
whole situation, and mature deliberation 
thereon, that body was forced to the 
conclusion that no good could be accom- 
plished by a compromise which reduced 
its legally elected majority to a power- 
less minority, holding their seats by the 
sufferance of an Executive and a hand- 
ful of his white personal retainers, most 
odious of all others to our people, hold- 
ing the balance of power and masters 
of the situation. Coupled as this con- 
cession was with the degrading condi- 
tion of the dishonorable and disgraceful 
abandonment of the eight Republican 
Senators who had so staunchly adhered 
to the cause of the people, alter casting 
their lot with us, for which alone they 
had been expelled from their seats in 
the Dryades street body, the Legislature 
rejected the proposition, although those 
Senators, as well as all other members 
of the Assembly, promptly and posi- 
tively demanded that no question of 
their future political status should form 
an obstacle to any feasible adjustment 
which might tend to the benefit 
of the State. Other reasons might 
be stated for the failure of the 
consummation of the compromise ten- 
dered, such as the repeated failures of 
the promised exhibition of proofs of the 
ability on the part of the usurpers to 
carry out the arrangement proposed. 
The main reason was, as we have stated, 
that it was plainly and painfully evi- 
dent that no good to the people of Lou- 
isiana could be expected from an Execu- 
tive, and a General Assembly composed 
at his dictation, who had already 
shown his utter disregard for 
the laws and a wanton neglecjt 
of the best interests of the State, 
and who in the very com pi omisa pro- 
posed by establishing a white majority 
in the General Assembly, sought to be- 
tray the little coulidence reposed in him 
by the colored population, who consti- 
tuted nine-tentks of the party by whose 
votes he ooutends that ho would have 
been elected had they been cast, anxl of 
which he claims to be fhe representktive 
as the Chief Magistraite of the Statti. In 
his position as United States Senator he 



11 had avoided the responsibility of a vote 
1 1 on Senator Sumner's civil rights bill by 
jj absenting himself from his seat, 
!j and dining the last campaign, 
I; he time and again counseled the defeat 
\' of Antoine and Brown, his colored col- 
leagues upon the Republican ticket, by 
advising a support of their opponents 
by his white Republican retainers, and 
having Republican ballots thus altered, 
prepared and distributed, (/*) as conclu- 
sively shown by the excess of his vote 
over those candidates. Nor did these 
efforts to betray the volrers of color cease 
at the election, but were renewed 
by declarations that he would 
never commission Brown, and by con- 
stant intriguing to supersede Antoine 
Ijiy admitting the election of Lieut.Gov. 
Penn (a), as well as by using the whole 
Executive influence to defeat for the 
United States Senatorship Pinchback, 
who, with the infamous Durell, had 
been the chief instrument in paving the 
way for his usurpation. Subsequent 
events as well have approved the wis- 
dom of our rejection of the terms of 
compromise then decided on, and have 
added conclusive evidence of how little 
reliance is to be placed on the most sol- 
emn promises of this political charlatan, 
who since then, in every instance where 
he has sought to seduce any 
portion of the people to allegiance to his 
rule by promises of local patronage, has 
proved faithless in the fulfillment of his 
pledges. In the parish of Grant, by his 
promise that he would, and the official 
announcement that he had, commis- 
sioned one set of parish officers, {y) his du- 
plicity allowed a discharged colored 
captain, (?/) with a company of disbanded 
colored militia, with arms and ammu- 
nition stolen from the State, to dominate 
for the space of a fortnight by every man- 
ner of outrage, oppression and outlawry, 
to seize and maintain armed possession 
of the public offices at the parish seat^ 
during that time, while his ofificial organ 
gloried in their supremacy and applaud- 
ed from day to day their continued tri- 
umph, the pretended Governor looked on, 
if not with complacent satisfaction, at 
least as an inactive, indifferent and 
culpably negligent spectator; until at 
last the legally elected officials, with 
his assurance of their having been 
commissioned, finding their constit- 
uents . outraged beyond endurance, 
resorted to force to reinstate the 
legally constituted authorities, and 
bloed was shed, for each drop of which, 



^ whether of white or black, the reepon- 
'^sibility must rest upon his head. To 
'Mother portions of the State, blessed with 
the most profound peace and good order, 
he has not hesitated.to dispatch, from 
the capital, the municipal police of the 
city— a force established and paid by its 
citizens for the protection of its proper- 
ty and peace (i) — armed with the most 
destructive ioiplements of war, as 
a standing army, to intimidate the 
people, to install his parasites 
at the point of the bayonet, and force 
his will upon an unwilling State. To 
these violations of law, and infringe- 
ments of the elemental rights of Amer- 
ican citizenship, our people have op- 
posed, mainly, a passive resistance, and 
only when confronted by a threatening 
armed force have they assumed arms in 
defense of their rights and liberties, 
and even then have remained strictly 
on the defensive, meeting every act 
of aggression with a calm 'and patient 
forbearance, wonderful iu a people of 
martial temper, conscious of overwhelm- 
ing numbers wherewith to punish the 
inso'enfe bravado of his insigniticant 
force (c). In all instances the utmost 
deference has been paid to the authority 
of the national forces, anil the people 
have promptly complied, with ready and 
loyal obedience, to the process of the 
courts, and to the orders of the officers 
of the United States, although exercis- 
ing functions, as they deemed, in plain 
derogation of their constitutional rights- 
Such is the character of the events which 
recently transpired in the parish of St. 
Martin, where, instead of the Republican 
candidates having been declared elected 
by both returning hoards, and instead 
of being a largely Republican parish, as 
telegraphed by the United States Mar- 
shal to the President, there were no re- 
turns by either board, and the United 
States census of 1S70 shows nearly an 
equally divided population of whites 
and blacks. 

Such has been tJie disposition and 
such will continue to be the conduct of 
the citizens of this State. Under cir- 
cumstances of the most trying nature, 
they have not failed to show to tbe world 
on all suitable occasions their deep de- 
testation of the tyranny of the pretender 
attempted to be foisted on them, and 
to evince their firm determination never 
willingly to bend to the yoke and only 
to tolerate it in the last resort when im- 
posed and retained by the irresistible 
force of tho national will expressed 



through Congress. In a few cases it is 
true that the incumbents of some of our 
judicial, and other parochial as well as 
municipal ofiices, have thought it neces- 
sary, in the interest of the people, to 
yield a reluctant and unwilling obedi- 
ence to the protended government, but 
iu no instance has it been rendered on 
any other ground than that the usurper 
possessed the support and strength of 
the United States Army wherewith to 
dispossess them of their offices and to fill 
them with his own creatures, who 
would still further plunder the sub- 
stance and add to the horrors of the dis- 
tress and misery of the people. Reve- 
nues for the support of his Government 
have been cut off by the refusal of the 
tax-payere to contribute the amounts of 
their assessments levied by the usurper, 
and in spite of his boasts to the contrary 
scattered throughout the Union, a small 
proportion of the taxes only, in the shape 
of license due?, baa been in the 
parishes of Orleans and Jeftersou alone 
wrung from our impoverished citizens 
by the threat of arbitrary incarceration 
for eontempt and tbe summary closing 
of their places of business without due 
judgment according to law, and thus to 
deprive them of the means of earning 
subsistence for themselves and their 
the Treasurer and sworn by the Audi- 
tor, (e.) instead of finding their way 
to the treasury, thence to be dis- 
tributed among the legitimate credit- 
ors of the commonwealth according to 
law, in payment of its just debts, are 
intercepted and diverted to the unlaw- 
ful purpose of creating a military emer- 
families. These dues, as alleged by 
gency fund for the subjugation of the 
people of the State, or pounced upon by 
the rings of plunderers and satellites 
who surround the would-be Governor. 
In all these acts a prompt and ready sup- 
port is tendered by a servile court, cre- 
ated for the purpose, its judge haviug 
been appointed by the usurper as a re- 
ward tor returning his pretended Excel- 
lency as elected ; and being vested with 
exclusive jurisdiction of suits concerning 
public matters, rushes with indecent 
haste to supplement by judicial dicta 
laws not deemed sutiicient in their scope 
to suit his purposes or to brush from his 
path others which he may consider ob- 
structive by a simple, general declara- 
tioaof their unooustitutionality, (/} and 
is ever over-zaalously prompt by every 
species of unheard ol: aiuluuprccodente'd 
extra-judicial orders invented for tho 



occasion to do his master's bidding. 
From this tribunal there is an appeal 
to the Supreme Court, but that bench, 
early in this contest, as the dispatch 
of the Collector of the Port showed, 
became partisans and participants in 
the plot of usurpation, and have since 
shown no disposition to change its 
course, id.) 

To all these oDpressions, usurpations, 
malfeasances, and manifold uses of the 
appliances of tyranny the people of the 
State continue to oppose a patient bear- 
ing, and wait with a confident trust that 
the National Congress will yet grant 
them that relief -which the report of the 
Senate committee recommended, and 
through which a returning sense of jus- 
tice, fortified by an intelligent knowl- 
edge of the facts of our case, must 
sooner or later compel the people of the 
Union to insure to us the blessings of a 
republican form of government. 

We do not believe that the Clerk of 
the House of Kepresentativeshas placed 
on the rolls of that body the names of 
persons holding Kellogg's certificates of 
election in advance of the decision of 
the House itself. 
Nor do webelieve that any other braRch 
of the Federal Government can. much 
longer sustain the continuance of the 
present regime over us, ■which grows day 
by day to be an increasing reproach to 
the Government, and a disgraceful scan- 
dal to the nation. 

True it is that the President in the 
support, as he claimed, of a judicial or- 
der of a United States Court, lent the 
strong assistance of the Federal Gov- 
ernment to the installation of the usurp- 
ation, and that he has continued to fos- 
ter its pretensions, but we must not 
overlook the fact that he has solicited 
from the Senate a revision of his action 
and a change in the attitude of the 
Government if that ])ody so desired, 
from that into which he had been 
led, it may be by hasty coun- 
sel, based on the illegal de- 
crees of a partisan judge, upheld 
by unscrupulous mendacity which 
dinned into his ear with persistency that 
the large body of the tax-payers sup- 
ported the usurping government from 
its inception, and that the remainder 
would soon acquiesce in allegiance to 
the new order of things, and that by a 
continued sanction of the uHurper the 
national executive would find the short- 
est road to peace for distressed Loui- 
siana. Of the fallacy of such state- 



ments and reasoning he must ere this 
have been convinced, and have become 
persuaded that the people of this States 
ffrm in the conviction of the righteous- 
nesB of their cause and confident of 
ultimate justice, will never "weary of 
resistance " to the spoliation of their in- 
alienable rights as a free people, which 
they, in common with their brethren of 
the rest of the American Union, derived 
from their fathers, and least of all 
will ihey basely abandon a strug- 
gle for their liberties and their 
rights before the contest is decided, and 
while it is yet pending in judgment of 
atl arbitrator which has already given 
earnest of a fair and impartial determi- 
nation of a cause in which to-day the 
weakness of Louisiana has made her 
plaintifl', but in which it may be to- 
morrow some other uprising pretender 
may make any other State of the Amer- 
ican Union a fellow-sufferer and a party 
complainant. 

For Legislative Caucus : 

Edw. Booth, Chairman. 

F. C. Zacharie, Secretary. 

AITENDIX. 

(«) Packard telegraphs as follows : 
February 26, 1S73. 

Deputy Marshal De Klyne : 

Tell Kellogg agtain to keep his shirt 
on. He only irritates the authorities. 
When Congress adjourns the McEnery 
organization must be dispersed. The 
only compromise is for the McEnery 
members to take vacant seats in the 
Legislature.andthe latter must, upon the 
contest, seat the few Fusion members 
entitled, whose seats are now filled by 
Republicans. 'J'he Penn compromise 
mentioned in Kellogq's letters will not 
be tolerated, and I want to hear no 
more about it. Packard, 

U. S. Marshal. 

(b) In Gen. James Lougstreet's report, 
as Adjutant General, for the year ending 
December 31, 1871, page 1, occurs the fol- 
lowing passage : 

GRAJS'T TAIUSU. 

Arms were shipped to this parish last 
October, in charge of an officer, who was 
supposed to be discreet and of proper 
judgment, with instructions that the 
arras were to be carefully stored and 
hela subject to your orders. In violation 
of the law and of our standing orders, 
these arms were issued to a militia com- 
pany of that parish, and reports have 
reached us that the men of that com- 
pany have been parading with their 
arms in a semi-military organization, 
committing deeds highly prejudicial to 
good order and to the general interests 
of the community at large. A board of 
officers wa.g ordered to that parish m JNo- 



vember, "with instructions to investigate 
and report the facts. Tho report of the 
board was fully submitted to your Ex- 
cellency. 

lain, sir, very respectfully, your most 
obedient servant, 

James Longstreet. 
Adjutant General L. S. M. 

This "officer" of " supposed discreet 
and proper judgment " was William 
"Ward, Captain Co. A, 6th Regiment In- 
fantry Louisiana State Militia, who, 
immediately after the issuance of the j 
arms to his negro followers, which they 
conveyed each one to hia cabin, was in 
the habit of convoking them and run- 
ning wild over the parish. Men were 
halted and arrested, one killed outright 
for refusing so to do, by these "militia 
men," without warrant and order, and 
their outrages compelled tho following 
action, found on page 47 of the same re- 
port : 

State of Louisiana, 
Adjutant General's Office. 

New Orleans, Nov. 2, 1871 
[Special Orders, No. 50.] 

I. A board of officers, to consist of 
Col. Henry Street, Assistant Adjutant 
General, and Lieut. Col. W. J. Behau, 
Louisiana Field Artillery, will assemble 
at Colfax, Grant parish, on Monday, the 
6th inst., at 10 o'clock, A. M., or as soon 
thereafter as practicable, to investigate 
and report the facts connected with 
outrages alleged to have been counniti- 
ted in burning the house of W. B. Pbil- 
»{f8. Parish .ludge, and at the same time 
kilJin^Mr. D. W. White. 

II. The board is also authorized and 
directed to extend its investigations so 
as to include and report facts that may 
lead to the exposure of lawless organi- 
zations gotten up for such purposes of 
intimidation, ar.son and murder. 

III. The junior member of the board 
will act as recorder. 

By command of tho Commander-in- 
Chief: Jame.s Longstreet, 
Adjutant General. 

This court of inquiry reported the 
facts we have already shown, and in 
pursuance to its recommendation came 
the following order, found on page 48 of 
the same document : 

State of Louisiana, ") 
Adjutant General's Office, /• 
New Orleans, Dec. 11, 1871.) 
[fe-pecial Order .s No, 52.] 

I. Capt. William Ward, of Company 
A, 6th Eegiment of State Militia, hav- 
ing armed and paraded his company in 
violation of the laws of tho State and 
the orders governing the State militia, 
H9 also tlie special orders of Major J. S. 
Rivers of the Major General's stall', he is 
hereby placed under arrest. 
, , II. The Major General commanding 
\ division of the ijouisiana State 



militia, will designate an officer of his 
stall', with orders to proceed without 
unnecesary delay to Grant narish, with 
official notice to Cant. Ward of his arrest 
and suspension from all rank and au- 
thority m the State militia. 

III. The officer designated for this 
service will also receive detailed instruc- 
tions from his chief, to proceed against 
Capt. Ward in the courts of the State, 
as authorized and directed by its laws. 

By command of the Commander-in- 
Chief: Ja3ies Longstreet, 

Adjutant General. 

lu Henry Street's (purporting to be 
Adjutant General) report for the year 
ending December. 31,1873, (page 1.) occurs 
the folio wing: 

discharges, etc. 

On the 28th day of June last general 
order No. 35 was issued from this office, 
discharging from service the following 
named organizations of the First Divi- 
sion, Louisiana State militia : 

Ist Regiment of Infantry. 

2d Battalion of Infantr3'. 

3d Battalion of Infantry. 

4th Regiment of Infantry. 

5th Battalion of Infantry. 

1st Regiment Louisiana Field Artil- 
lery. 

Comoany A, Ist Regiment Cavalrsr. 

Company A, 6th Regiment Infantry. 

Several of the companies thus dis- 
charged had served only a portion of 
the term for which they were mustered 
in : for instance, eomo had only served 
nine, some twelve and some hlteen 
months, and in every command there 
were members who had only served a 
short time ; but by that order they wore 
all discharged from further service. 

Which order is as follows (p. 27) : 

State of Louisiana. "^ 

Adjutant General's Office, / 
New Orleans, June 28, 1S72. ) 
[deneral Orders, No. 35. j 

I. The term of service of the follow- 
ing named commands, as provided in 
section 15 of an act entitled " An act to 
organize, arm and equip a uniformed 
militia," having expired, they are hereby 
honorably discharged from "the service, 
and under the law shall be exempt from 
serving in the militia, unless whon 
called into the service of the United 
States : 

1st Regiment of Infantry. 
2d Battalion of Infantry, 
od Battalion of Infantry. 
4th Regiment of Infantry. 
Battalion 5th Regiment Infantry. 
1st Regiment Louisiana Field Artil 
lery. 
Company A, 1st Regiment Cavalry. 
Company A, 6th Regiment Infantry. 

II. The commissi on.s of tho officers of 
these organizations, field, stall and line, 
respectively, terminate with the dis- 
charge of their commands. 

HI. To such portions of tho commands 
as are desirous of continuing their or- 
ganization, or of reorganizing, muster 



rolls will be fnruishcd. and they will be 
mustered find received, subject to Bec- 
tion 20 ot; said act. and the approval of 
Lbn Comraauder-in-Chief. 

TV". The Cotiimandei-in-Chief takes 
thia occasiou. at the terinination oi their 
hervice, to congratulate the otlicerH aud 
men of the yohinteer militia for the pat 
lioliHUi which they have luanifehted by 
oiit^aniziDg under tlie law, to thauli tbem 
tor the pcrviees which they have rendor- 
» <1 to the State, and to commend t.heni 
for the Kood discipUue which they have 
always maintained, aud the promptness 
and "alacrity with which they have 
oii«yed all orders. 

Bv order of tlie Commander-in-Chief. 

\V. F. fLvKPKU. 

Adjutant General. 

And on p. 21, in schedule F in the same 
document headed " List of Officers Dis 
charged by General Orders No. 35," 
appears : 

"Ward, William, Capt. Sfxth Ee.^i- 
ment lufantry." 

These orders were conveyed by au 
officer to whom iha arms were ordered 
to be delivered. Bat Ward and his ban- 
ditti refused to comply with tliis order, 
retained their arms and continued their 
course of robbery, pillage and outrage, 
until, emboldened by their success, they 
endeavored to seixe by force the gov- 
ernment of tho parfsb, in iinitation of 
Kellogg, and to have themselves recog- 
nized as do facio, although they were in 
mutiny aud insubordination against the 
Htate, and should have been indicted, 
tried, committed aud imprisoned in the 
State Penitentiary for their crimes and 
otl'onses, among which mutiny, riot and 
theft, and embezzlement of tho State 
property were the least ; arson, murder, 
burglary, and rape aud treason, the 
greatest. 

(d.) Collector of the Fort's dispatch to 
President Grant, December 1:3, 1873: 

The Supreme Conrfc is hnown to be in 
sympathy with the liepublican State 
Government. 

(Signed) J as. F. Casey, 

(Louisiana Investigation, page 59.) 

(c) In an interview with the reporter 
of the New York Herald Col. Padger, 
commanding metropolitan police at St. 
Martinsville, is reported as having said : 

" I suppose Col. De Plane has been act- 
ing more with a view of creating public 
opuiion against Kellogg than with the 
intention of taking us, as ho certainly 
has had tho force to accomplish more, 
and from Jus reoutation, should have 
done so, had ho desired." 

(e) The New Orleans Herald reports 
the Treasurer in a stated interview as 
follows : 



The first question propounded was : 

1. Ls it to your knowledge that State 
tax collectors of the city have deposited 
their collections with the Auditor? 

Ans.— I cannot say that I know that 
they have, ot my personal knowledge. 

2. Have you ever had an interview 
with Kellogg. Clinton, Field and Hawk- 
ins, or either ot them, regarding the 
funding bill, act No. SI. 

A. Yes. they all contended that the 
Treasurer should disregard the law. 

The conversation extended over three- 
fjuiirters of an hour. In considering the 
iourth question in a general way, Mr. F. 
Dubuclet answered that they had not 
drawn money out of the fund in ques- 
tion from the treasury, inasmuch as the 
Treasurer had ever declined to receive 
any moneys for this fund. 

To the fifth question Mr. Dubuclet 
slated that be had no meanij of knowing 
of the facts personally. 

To the sixth question Mr. Dubuc'et 
stated that he knew that such settle- 
ments had l>een made by the Auditor : 
but, although he had an impression that 
in one case, atlt^ast, the securities were 
solvent, he could not swear to their sol- 
vency. 

In the case of State of Louisiana ex 
rel. Auguste vs. State Tax Collectors. 
Charles Clinton, Auditor, sworn for 
respondent, says — I am Auditor of Public 
Accounts. Mr. Folger ottered to settle 
with me before the Oth of this month. I 
did not settle with him because I could 
not. It was the same way with all the 
other city tax collectors. I did not see 
their funds. They had warrants. The 
chief reason why t could not settle atid 
receive their warrants was because of 
an injunction by this court and the 
pending of a certain suit regarding the 
validity of act No. SI, of 1872, providing 
for the registration and payment ot 
State warrants and certificates of in- 
debtedness. 

I allude to the injunction issued re- 
straining tax collectors from paying pre- 
ferred warrants in settlement of li- 
censes. To the best of my knowledge 
the tax collectors came for the purpose 
of settling. They were then ready, and 
are now ready. The reason why I did 
not settle was for the cause above stated. 

Cross-Examined — As Auditor I am au- 
thorized to receive efiects of the State 
under the revenue law. I think they 
did all present a sworn statement to me. 
If they did, of which I am not certain. 
I told them that I was not ready. I 
think I had a right at that time to teU 
those gentlemen that I was not ready to 
receive them. I can't swear that any one 
of these tax collectors presented a sworn 
statement. My impression is they did. 
I undertook to tell them that I was not 
ready, because I thought it was to the 
interest of the State. 

These tax collectors gave me individ- 
ually, not officially, some of the money 
for safe keeping, collected by them for' 
taxes. .j^*^' 



The tax collectors paid to me iu the 
aggregate about $13,000 in casli— nowar- 
rauts. There was, perhaps, more than 
that. I told them that they sUouId send 
me some money, that the deposit should 
he made into the treasury so that I 
could pay the necessary expenses of the 
Government. I refused a full settlement 
because I lost, the suit -wherein the va- 
lidity of act JN'o. 81 was m qiaestiou— the 
full amoniit would bo absorbed. I did 
not do it officially and the tax collectors 
couW refuse to do the same if they felt 
lite it. 

I had the constitutional ofScers, pay- 
ment of judges, militia, and for the sup- 
pression of those rebel skunks out iu the 
parishes, to pay. 

I did not get more than $13,000 because 
I did not want it. 

The tax collectors did not make their 
settlement because I was not ready. 

There was no injunction against mo as 
tp these warrants. 

It is my business to take care of the 
State and protect its administration. 

I do not say that in my settlement 
with tax collectors I objected to their 
paying in money. I would not object to 
any collector paying in cash. 

I said that the tax collectors had these 
warrants, and because they had these 
was why they could not settle. 

That they had accepted warrants in 
payment of taxes, and that they could 
not settle except in warrants. 

One cause was the injunction before 
referred to. When a tax collector came 
to make a settlement I make out a state- 
ment to the Treasurer and state to what 
fund this money is to be applied — so 
much to the school fund, " general 
fund," etc. 

Mr. Field, Attorney General, in his 
argument, stated that ho did not arise 
for the purpose of defending the action 
of the State Auditor. The latter was 
only a witness, and he (the Attorney 
General) was not responsible for any 
remarks made by the witness. He did 
not believe m dragging politics into 
questions as regards judicial matters. 
Any man whose political prejudices in- 
terfered with his ofticial duties was not 
a fit representative of the people, tie 
then went on to sustain the grounds 
taken by respondents that inasmuch as 
they presented their respective aceounts 
to the Auditor within the time required 
by law, they had fully fulfilled their du- 
ties, and were not amenable to a writ of 
mandamus. 

After argument the mandamus was 
made peremptory. 

(f) New Orleans Herald, May 14th : 

The whole case showed that the tax 
collectors, although prohibited by an 
injunction of the Superior Court to re- 
ceive warrants in payment of taxes, 
had done so, and are now screened by 
the Auditor. After several little tiffs 
between Judge Hawkins and the Attor- 
ney General, in which the Attorney 
General claimed the right to diliet from 
the opinion of the Superior Conft, the 



Judge made the mandamus peremptory 
commaudiug tiie tax collectors to mak4 
a settlement with the Auditor, and took 
occasion to reaffirm his decision with 
regard to bill No. 81, and denied the 
right of the tax collectors to refuse obe- 
dience thereto, even under the advice of 
the Attorney General, They must make 
a schedule of v/hat they have received, 
and offer to pay this in. If it is in war 
rants, the Treasurer will have to refuse 
to receive it. 

ACT NO. sx. 

This act provides, in eimplo and \\n- 
techuicol phrase, that the past due 
taxes, cellectablo previous to 187:3, should 
bo made a special fund to pay the war- 
rants issued previous to January' 1 , ]87;i, 
which warrants were ordered to bo duly' 
registered by the State Auditor. Ju 
case the taxes so collected were insuffi- 
cient to pay the warrants (a pretty cer- 
tain contingency,) then a special tax 
was authorized to be levied to (supply 
the deticieucy. Of course the object <(f 
this law was to assist those who had in- 
vested in that description of warrants. 
Some ring was to be prohted thereby. 
Still it was an act of the Legislature, 
and embodied a pledge of the faith of 
the State. There were honest peo])le, 
operators and investors, who accepted 
it as an assurance of this character, and 
who were enticed to hazard theii" money 
in such well secured warrants. 

It is impossible to conceiveof a clearer 
pledge and obligation of a State to a^?- 
ply a particular fund to a particular 
class of debts than is expressed in this 
law. 

But time moves on, and the Kellogg 
dynasty usurps the Government of the 
State, "and among its lirst acts places 
Hawkins on the bench, wliich has exclu- 
sive jurisdiction over all suits' against 
the State or its officials. Through the 
same usurpation Clinton is foisted into 
the Auditorship. Quickly after the con- 
summation of this stupendous fraud it 
is discovered that the general fund of 
the State, that which could be honestly 
drawn upon to support this usurpation 
to enrich its followers and supporters, 
was as empty as a village charity box. 

But there were special trust funds 
which were iiowing gradually into the 
various apartments of the treasury. As 
long as the laws forbade the use of 
these funds, except for certain pur- 
poses, that pink of piety, the Auditor of 
the State, and that trimmest of trim- 
mers, the usurping Governor, were 
greatly incommoded in their designs. 
How could they get tlie money to main- 
tain their army and navy, to satisfy the 
appetites of their Carondelet street 
brokers.and the ring holding the interest 
coupons of the State, to say nothing of 
p.aying the retinue of official retainers f 
Were all these to be left to " lick their 
dry chops," whilst the special fund set 
aside by a solemn ret of the Legisla- 
ture, to pay a special class of debts, was 
filled to overflowing ? 



The act 81. that hatefnl anti-repub- 
licaij act, so llagrantly violative of the 
iourteentl^and lilteenth constitntioual 
auieuclmenls, iinist 1)6 set aside, made 
uaught, aud the creditora who iuvested 
on the faith thereof lunst. tahe their 
chancea ^A')th the nuH(!ellaneou.s aud 
iiowliiig crowd of warrant- holders 
around the public crib. Let the abomin- 
able statute be nailed to the block. To 
this eml a niaudauius was liatched 
at'iiiust thtt An<litor, to compel him to 
place this fiujd in the general treasury, 
>o that it uiiglit bo reached in the 
tjjaiiiitr auil foi- the piirporfen, cia.Di3t^si 
and individuals named. 

Yesterdiiy the maudamua vras heard. 
The stout old acting Attorney General, 
innocent of the motive and end of the 
eet-up game, vi.gorously defended the 
Auditor against tlie demand, and in- 
sisted that the law shouhl bo main- 
tained and the special fund preserved. 
'i"he Auditor did not appear to enter 
info the spirit aud zeal of this defense. 
On the contrary, his face was lit up 
with a radiant and joyful expression, 
when Hawkins cut short .all discussion 
by de<!itrmg in an opinion of impenetra- 
ble muddiness th.at the .act si^ was 
clearly unconstitutional, inasmuch as 
it violated the faith pledged to its credi- 
tors, who must all be treated alike, who 
occupied a planeof Republican equality, 
ana that the .State, which had the same 
obligation as individuals, being a mere 
corporation, could not make preferences 
among its creditors. All must bo paid 
alike, and out of the same funds. 

The precise articles in the constitution 
authorizing this conclusion were not in- 
dicated, but the world was giveu to un- 
dex'stand that they were clearly known 
to the Judge of the Superior Court, and 
that was enough for the purposes of jus- 
tice, truth and Kellogg. 

((/.) As Mr. Kellogg and the New Or- 
leans Iiepnhlka)! have been engaged in 
lying about the appointments of the 
former in tJrant parish, and as Kellogg 
recsntly telegraphed Attorney General 
Williams, at Washington, that "the 
statement that he had issued commis- 
sions to the Fusion otjticials in Grant, or 
to any except those first commissioned, 
is untrue," we reproduce the following 
from the Natchitoches I'imes : 



"Mr. KellogK told the editor of this 
paper that ho did issixe these second 
commissions—in the ol^ice of the Secre- 
tary of JState, the same thing was inci- 
dentally admitted— Judge Kutlaud says 
it is a fact— and the New Orleans Remih- 
I'lcan published theat at the time as hav- 
ing been made." 

Mr. Puckotte, the editov of the Times, 
is a gontlemaii of the highest character 
and undoubted veracity, and uis state- 
ment above brauds the lie in gr6a,t. glar- 
ing, burning letters on W. Pitt KelWg'3 
dispatch. Will the So^lU^wtnlern-le^e(|rt^■„^ 
give un its opinion on this ditierence be- 
tween its Governor and Mr. Puckett<J. 
1 Shi evepoit Times 

Mr. Packette was the Senator from 
tl.o Natchitoches District. 

(h) R. II. Eenners vs. W. P. Kellogg, 
Sixth District Court, was a suit for the 
cost of printing 11G.000 tickets, thus split, 
printed by Kelloa,f's order, as well as 
that of Sypher aud others. Kellogg has 
paid his share of the .amount, .lib) and 
some odd cents, since the institution 
of the suit, 

(i) Mayokalty, New Orleans, ( 
May 14, 1873. S 

Messrs. f-'ciumes & Mott, Attorneys for Messrs. 
Folsom Bros.: 

Gentlemen— Yowv note of May 13th, 
notifying me of the claim of your clients, 
Messrs. Folsom Bros., dealers in arms 
and ammunition, for damages suftered 
from the depredations of a. mob, Tues- 
day, May C, inst., at night, to the amount 
of $27,049, will be submitted to the 
Council. In other similar cases the 
Council concnrred with me In the opin- 
ion that the city should not be held 
liable for results of a mob violence, 
being divested entirely of police powers 
by State laws. 

I have the honor to remain, etc., 

Louis a. Wiltz, Mayor. 
The Grand Jury of the parish of Or- 
leans, of which several colored Repub- 
licans were members, have reported 
against Kellogg, Longstreet, Badger and 
others, for removing the Metropolitan 
Police from their duties in the city. 



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LIBRARY OF CONGRESS 



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